| The divorce economic compensation system,as an important system in the divorce relief system,is now stipulated in Article 1088 of the Civil Code.Its main purpose is to protect the rights and interests of the party who pays more obligations for the family during divorce through legal means.In 2001,Article 40 of China’s Marriage Law established the divorce economic compensation system,which was the first time that the value of household chores was recognized in legal form,breaking the traditional concept that household chores do not require compensation.However,the system limits its application to the agreed property system,which seriously deviates from the actual situation in our country,resulting in the system not being fully applied in our country and also violating the relief purpose of the system.Article1088 of the Civil Code expands the scope of application of this system to the common property system and adds provisions for specific methods to be negotiated by the parties.This change can alleviate the problem of less application in practice to a certain extent and strengthen the protection of the disadvantaged party in divorce.By examining cases of the divorce economic compensation system,it was found that although the number of parties applying the system has increased after the promulgation of the Civil Code,the legal provisions of the system are relatively simple and do not fully respond to all issues in judicial application.In practice,there are still problems that need to be solved urgently.If the standards for economic compensation are not clear,the standards referred to by courts at all levels in different regions may not be the same;After the Civil Code extends the scope of application to the common property system,if the boundaries between the two systems for household labor compensation are not clearly defined,there is a possibility of duplicate relief or inadequate compensation;At the same time,there are also issues such as limited time for exercising rights and difficulties for parties to provide evidence.Therefore,it is still necessary to strengthen the research on the divorce economic compensation system,solve the problems that exist in the application process as much as possible,and strengthen the fairness and operability of the application of this system.This article proposes relevant suggestions for improving the application of divorce economic compensation system by examining relevant legislation abroad and combining the national conditions and legislative status in China.In terms of compensation standards,it is necessary to clarify the calculation method and reference factors of the amount,and determine the specific compensation amount based on the individual case situation.In terms of institutional application,it should be coordinated with the application of the common property system,distinguishing the functions of each system,and ensuring the smooth connection of various relief systems.In terms of the burden of proof,the "advantage evidence" rule and the family investigator system are introduced to reasonably allocate the burden of proof and achieve protection for vulnerable parties.In terms of applicable time,the time limit applicable only during divorce is relaxed,allowing requests to be made within three years after divorce,and under the separate property system,requests are allowed to be made during the marriage period. |
